k1 Visa - I29B

[Monkey66 2]

I met my fiance on September 5th 2011. He came for a visit on November 26th 2011 - December 10th 2011. Filed for a K1 visa on January 24th 2012. Did not hear anything for months. I called frequently. I checked on the website for updates. Finally on September 20th 2012 I received a letter stating my case was denied for lack of evidence. I called them to say that I never received anything via e-mail, via phone or on their website. And now had to file a 129B form. Processed on September 24th 2012. Still waiting for an answer on that which they said could take up to 6 more months. So my fiance and I decided he would come for another visit while waiting. So I booked a flight for him for October 24th 2012. He arrived in Boston as scheduled. I waited and waited and kept asking questions why he was not coming out. They just kept telling me to wait that customs takes time. Ok so I wait. And frequently asked again and again. They said if they need you they will come out and find you. Ok so I wait. Now going on 5 hours. Finally I went back to the customs office. I asked them if he was still in there and they said that he was sent home. Omg are you kidding me. They said he did not have a return ticket and the wrong visa. I said I am the one who booked his flight and he did have a return date. They said well he didn't have the proof. They would not tell me what flight he was on or anything. So I had to wait from 8:30 Wednesday evening until finally he arrived back in Greece on Thursday at 1 in the afternoon. Talk about feeling like you can't do anything but wait and not worry. So after talking with my fiance. The customs department at Logan airport were not very nice to him. He asked them many times if he could talk to me. They said no. He asked if he could show him the ticket info on face book that I had sent him in a message. They said no. He asked them if they could go out and talk to me. They said no. And all the time when I kept asking if there was a problem how would I know. And they would just say to wait and they would come out. Ok and at what time were you going to tell me he was sent back home. Talk about heart breaking. I have been crying for 2 days. They had him handcuffed for 3 hours. Gave him no water when he asked. They treated him like a criminal. They had no intention of letting him in. My fiance asked if they could call British airways to see the return ticket. They said no. Everything he asked they said no to. The visa he came here with is a esta visa. They told him he need to get a b1 b2 visa. And they stamped his pass port with Refused Ina section 217 R04047. I have no clue what that means. I tried to call USCIS and ask them. They told me to go on the website for customs with no luck there. It is very frustrating to try and get answers from anyone. Can he still use the esta visa or does he need to get the b1b2 visa? Any help or advice would be much appreciated

Thank you

Monkey66 ( he calls me his Monkey )

[belinda63 3,031]

When you sent in the I-129F did you include all the supporting documents? Could you list what you sent? Did you send evidence the two of you had met face-to-face in the past two years?

Since he was denied entry on the visa waiver program he will need to apply for a tourist visa. He has shown what was interpreted to be immigrant intent by having a petition for a fiance visa filed and entering with no proof of a return ticket.

Sorry you have to go through this but immigration is not easy nor quick. Maybe the people here can help ease your pain and make the path easier for you.

[Monkey66 2]

I met my fiance on September 5th 2011. He came for a visit on November 26th 2011 - December 10th 2011. Filed for a K1 visa on January 24th 2012. Did not hear anything for months. I called frequently. I checked on the website for updates. Finally on September 20th 2012 I received a letter stating my case was denied for lack of evidence. I called them to say that I never received anything via e-mail, via phone or on their website. And now had to file a 129B form. Processed on September 24th 2012. Still waiting for an answer on that which they said could take up to 6 more months. So my fiance and I decided he would come for another visit while waiting. So I booked a flight for him for October 24th 2012. He arrived in Boston as scheduled. I waited and waited and kept asking questions why he was not coming out. They just kept telling me to wait that customs takes time. Ok so I wait. And frequently asked again and again. They said if they need you they will come out and find you. Ok so I wait. Now going on 5 hours. Finally I went back to the customs office. I asked them if he was still in there and they said that he was sent home. Omg are you kidding me. They said he did not have a return ticket and the wrong visa. I said I am the one who booked his flight and he did have a return date. They said well he didn't have the proof. They would not tell me what flight he was on or anything. So I had to wait from 8:30 Wednesday evening until finally he arrived back in Greece on Thursday at 1 in the afternoon. Talk about feeling like you can't do anything but wait and not worry. So after talking with my fiance. The customs department at Logan airport were not very nice to him. He asked them many times if he could talk to me. They said no. He asked if he could show him the ticket info on face book that I had sent him in a message. They said no. He asked them if they could go out and talk to me. They said no. And all the time when I kept asking if there was a problem how would I know. And they would just say to wait and they would come out. Ok and at what time were you going to tell me he was sent back home. Talk about heart breaking. I have been crying for 2 days. They had him handcuffed for 3 hours. Gave him no water when he asked. They treated him like a criminal. They had no intention of letting him in. My fiance asked if they could call British airways to see the return ticket. They said no. Everything he asked they said no to. The visa he came here with is a esta visa. They told him he need to get a b1 b2 visa. And they stamped his pass port with Refused Ina section 217 R04047. I have no clue what that means. I tried to call USCIS and ask them. They told me to go on the website for customs with no luck there. It is very frustrating to try and get answers from anyone. Can he still use the esta visa or does he need to get the b1b2 visa? Any help or advice would be much appreciated

Thank you

Monkey66 ( he calls me his Monkey )

[dwheels76 5,468]

I met my fiance on September 5th 2011. He came for a visit on November 26th 2011 - December 10th 2011. Filed for a K1 visa on January 24th 2012. Did not hear anything for months. I called frequently. I checked on the website for updates. Finally on September 20th 2012 I received a letter stating my case was denied for lack of evidence. I called them to say that I never received anything via e-mail, via phone or on their website. And now had to file a 129B form. Processed on September 24th 2012. Still waiting for an answer on that which they said could take up to 6 more months. So my fiance and I decided he would come for another visit while waiting. So I booked a flight for him for October 24th 2012. He arrived in Boston as scheduled. I waited and waited and kept asking questions why he was not coming out. They just kept telling me to wait that customs takes time. Ok so I wait. And frequently asked again and again. They said if they need you they will come out and find you. Ok so I wait. Now going on 5 hours. Finally I went back to the customs office. I asked them if he was still in there and they said that he was sent home. Omg are you kidding me. They said he did not have a return ticket and the wrong visa. I said I am the one who booked his flight and he did have a return date. They said well he didn't have the proof. They would not tell me what flight he was on or anything. So I had to wait from 8:30 Wednesday evening until finally he arrived back in Greece on Thursday at 1 in the afternoon. Talk about feeling like you can't do anything but wait and not worry. So after talking with my fiance. The customs department at Logan airport were not very nice to him. He asked them many times if he could talk to me. They said no. He asked if he could show him the ticket info on face book that I had sent him in a message. They said no. He asked them if they could go out and talk to me. They said no. And all the time when I kept asking if there was a problem how would I know. And they would just say to wait and they would come out. Ok and at what time were you going to tell me he was sent back home. Talk about heart breaking. I have been crying for 2 days. They had him handcuffed for 3 hours. Gave him no water when he asked. They treated him like a criminal. They had no intention of letting him in. My fiance asked if they could call British airways to see the return ticket. They said no. Everything he asked they said no to. The visa he came here with is a esta visa. They told him he need to get a b1 b2 visa. And they stamped his pass port with Refused Ina section 217 R04047. I have no clue what that means. I tried to call USCIS and ask them. They told me to go on the website for customs with no luck there. It is very frustrating to try and get answers from anyone. Can he still use the esta visa or does he need to get the b1b2 visa? Any help or advice would be much appreciated

Thank you

Monkey66 ( he calls me his Monkey )

He wouldn't be inadmissible for the esta, however they would look at the reason for the refusal and see if it's likely to reoccur. His previous visit did he overstay? How long was the stamp good for? Also because you were denied K1 that is in the system and they may have figured he was a immigration flight risk. When he travels he has to have all his papers with him. They don't have time to look up facebook and stuff. And they won't come out and get you also.

Why wouldn't he have at least a return itierary? he has to show strong ties and the ability to return.

Like the VWP, it's no guarantee of entry and it's up to the officers at the port of entry to decide how many months out of the 6 he would be allowed, if any at all. Right now though, I'd say his chances of obtaining a B2 are fairly slim, for exactly the reason he was refused entry this last time.

Now to your K1 denial. What exactly did you send in? Did you send all required forms and documents? Letter of intent from both of you. G325A. Evidence to show you meet within the last 2 years, pics, stamps in passport, receitts?

[Vicomi 31]

Oh my goodness!!! So sorry about your fiance's awful experience at the US POE. Since his Esta was withdrawn/ rejected, he will have to apply for B2 visa at the US Consulate. Chances are his application my be unsuccessful but there's no shame in trying again. Who knows...

[Monkey66 2]

Hi Belinda, No I didn't submit the evidence at first because I am new to this and didn't know. But they never sent me anything either saying they needed it. I had to send it with this form I had to apply for. Yes I now sent them pictures, ticket from his past visit. Everything they asked for I sent. And yes I know it looked bad with no return ticket but they wanted no part of either him or I showing them proof.

[Monkey66 2]

No he didn't over stay his last visit. He was here for 2 weeks. I do understand the timing of looking on fb but he asked more than once to call me or call British airways to verify the return. When he received his ticket to leave they only gave him that. He didn't think he had to ask for a return. They are supposed to give it to you. And every time I asked about him they are the ones who said if they needed to ask me anything they would come and get me.

[Jacque67 7,328]

Did he disclose the fact that the first K-1 application had been denied when he applied for the VWP?

The fact that you and not he booked the ticket would make it appear that he had immigration intent to the POE officials. Unfortunately, because the Greek economy is bad, and he has a love interest in the States (you) plus the K-1 denial,He will probably find it difficult to get a B2 tourist visa.

You should go and visit him in Greece or else meet up in a third country while waiting for your new petition to be adjudicated.